TO BE FLOGGED.

Star (Christchurch), Volume LXVI, Issue 20485, 11 December 1934, Page 13

TO BE FLOGGED.

Sentence on Young Man at Dunedin. GAOL TERM REDUCED. Pp r Press* Association WELLINGTON. December 10 The Court of Appeal heard an application on behalf of John Christie Spence, of Dunedin, for leave to appeal from the sentence imposed upo-» him at Dunedin by Mr Justice Kennedy on October 30, when he was found guilty on two charges of rape and sentenced to s'ven years’ imprisonment with a flogging on one charge, and seven years’ imprisonment on the other, the sentences to be concurrent. For aondlant, Mr Sievwright stressed the age of accused, saying he was but 23, and submitted that the whole circumstances of the case indicated that the offence arose from youth, lack of control and indulgence in alcohol. English Policy. Mr Sievwright stressed the severity of the sentence which had been imposed on Spence. He contended that there was no physical injury in the sense of permanency to the girl. The policy of three years’ penal servitude had been adopted in England despite legislation which permitted penal servitude for life. Therefore it could be taken as axiomatic that there had been no serious epidemic of such cases in England and it was submitted that there would be no such epidemic in New Zealand. Mr Sievwright referred to the publicity given the case in Dunedin by the newspapers.

The Chief Justice: I had a letter from a woman in Dunedin and had inquiries made with a view to locating her so that she could be brought before the Court and admonished, but she cannot be traced. Such things make no difference to a judge. People are not permitted to communicate with a Court and if they do they should be punished. Mr Sievwright informed the Court that neither he nor any of his agents to his knowledge were connected with the communication.

The Chief Justice said he realised that it was not done by the advocate or by a partisan of the prisoner. Mr Sievwright said that admittedly this was a bad case, but all cases of rape were nauseating, to say the least, and, despite that, judges in England seemed to have alleviated sentences. In conclusion he said that he had tried to avoid making any reflection on the girl in question. Solicitor-General’s Review.

The Solicitor-General (Mr 11. IT. Cornish), referring to the trial, said that the girl's circumstantial story had not been contradicted. No defence that the prisoner had been incapable of intent had been brought forward, no complaint had been lodged against his conviction and his Honor Mr Justice Kennedy had exercised his discretionary power in passing sentence. Therefore the appellant should show that the Judge had exercised his discretion wrongly.

The Solicitor-General repeated the words of the trial Judge, stating: “ There has been no suggestion of encouragement on the part of the girl, and her character and that of her mother are beyond reproach.”

The Solicitor-General said that the case had been ably and fairly brought forward and he could not carry it any further.

After a short retirement the Court delivered judgment reducing the sentence to five years’ imprisonment, with hard labour, and a flogging. The Chief Justice said that if they did not uphold the flogging they would be treating Section 212 of the Crimes Act as a dead-letter. That they were not prepared to do.